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5A: 526 MSHA citations Coal

Controlled by John H Parton
Hazard, Perry County, KY  ·  Abandoned and Sealed
MSHA Mine ID: 1518009

5A has $73K in proposed MSHA penalties and $36K outstanding across 2 contested dockets, plus health sampling and the full incident record.

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Fatalities
0
Total incidents
9
Years on record
2001–2005
Latest incident
May 2005
Compliance record
MSHA citations since 2000
526
citations
159
significant & substantial
$72,681
proposed penalties
$36,045
paid to date
50% of proposed penalties paid to date, a $36,636 gap.
Source: MSHA violations data, updated weekly.
See Parton Bros. Contracting, Inc.'s full MSHA compliance history →
Inspection activity
MSHA inspections since 2000
77
inspections on record
2,680
inspection hours
19.6
citations per 100 inspection hours
ⓘ This rate is recorded citations divided by MSHA inspection hours, per 100 hours. It reflects inspection effort, not mine size or production.
526 citations across 2,680 inspection hours.
Source: MSHA inspections data, updated weekly.

5A has $73K in proposed MSHA penalties and $36K outstanding across 2 contested dockets.

Penalty disposition
ⓘ Differences between proposed and paid penalties reflect both settlements and conference reductions and amounts still owed. Outstanding is the balance currently owed.
$73K
proposed penalties
$72K
current assessed
$36K
paid to date
$36K
outstanding
505 assessments are final orders; 2 contested dockets.
Of $3K in penalties contested before the Commission, $2K was upheld in final decisions.
As of the most recent assessment on 2005-11-10.
Source: MSHA assessed-violations and conference/litigation data, updated weekly.
Violation severity profile
ⓘ Shares are computed over citations that carry the MSHA gravity and negligence coding; a small share of records are uncoded.
31.5%
significant & substantial
2.0%
high negligence or reckless
39.2%
reasonably likely or greater
11.9%
permanently disabling or fatal if injury occurs
Negligence coding: 0.0% none, 3.4% low, 94.7% moderate, 2.0% high, 0.0% reckless.
Source: MSHA violations gravity and negligence coding, updated weekly.
When citations were contested
ⓘ Contesting a citation before the Federal Mine Safety and Health Review Commission is a lawful right. These figures state the public outcomes of that process, from MSHA's Contested Violations file.
2 citations taken to the federal commission · 0% of citations on record
  • Settled 2 · 100%
100%
S&S designation survived the contest
ⓘ Counts a Significant & Substantial citation as surviving when a settlement or judge's decision kept the designation, or the contest was dismissed or defaulted so the citation stands as issued. Vacated and withdrawn citations, and settlements that removed the designation, count against.
of 1 decided S&S contests · industry: 79%
4%
Penalty reduction in decided contests
$1K proposed, $1K after decisions · industry: 39%
Source: MSHA Contested Violations file (public record), updated weekly. A dismissed or defaulted contest leaves the citation standing as issued; a vacated or withdrawn citation is removed from the violation record. Latest contest filed 2006-06-27.
Contested penalties
ⓘ A reduction or dismissal at the Commission is a lawful outcome of contesting a proposed penalty. Figures are the proposed amount and the amount upheld in the docket's decision.
Largest penalties this mine contested before the Federal Mine Safety and Health Review Commission, with the outcome on record.
Docket Decision Judge Year Proposed / upheld
KENT 2006-373 Settlement Hodgdon 2006 $1K → $1K
KENT 2004-43 Settlement Zielinski 2004 $1K → $850
Source: FMSHRC civil penalty dockets and decisions (public record), updated weekly.

MSHA sampling at 5A shows 88% of 372 respirable coal dust samples met the 1.5 mg/m3 standard.

Health sampling
ⓘ A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.

Respirable coal dust
ⓘ Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.

Last sampled: 2005-10-28, 20 years ago
88%
within 1.5 mg/m3
372
samples
7.83
dust max (mg/m3)
210 samples taken by MSHA inspectors, 162 by the operator.
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR161
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)34
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)22

Silica (quartz)

Last sampled: 2005-10-26, 20 years ago
9.9
silica avg (%)
33
samples
24.1
silica max (%)
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR19
See US coal mines ranked by silica in their dust samples.

Noise
ⓘ The share counts noise samples whose measured dose exceeded the 90 dBA permissible exposure limit. It describes the sampled workplace, not what reached the miner's ear: hearing conservation programs and the hearing protection worn during the shift are recorded separately and are not reflected here.

Last sampled: 2005-04-21, 21 years ago
3%
over PEL
30
samples
Most-sampled occupations
  • CONTINUOUS MINER OPERATOR6
  • ROOF BOLTER (TWIN HEAD) (RETURN SIDE)5
  • SHUTTLE CAR OPERATOR (STANDARD SIDE)5
See US mines ranked by noise samples over the legal limit.
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.
Health sampling trend
ⓘ A sample is a point in time compliance measurement, not an individual exposure history. These figures describe MSHA sampling records and do not establish causation or personal dose.
Respirable coal dust by year
ⓘ Respirable coal dust and silica figures cover coal facilities. Dust compliance is measured against the current 1.5 mg/m3 standard; samples predating the 2014 standard are included, so compliance rates are a coarse historical signal.
Year within 1.5 mg/m3 samples
2005 95% 65
2004 97% 73
2003 99% 71
2002 89% 56
2001 70% 107
Silica (quartz) by year
Year silica avg (%) samples
2005 4.9 3
2004 6.0 3
2003 8.4 4
2002 14.2 3
2001 10.9 20
Noise by year
Year over PEL samples
2005 0% 4
2004 0% 6
2003 0% 5
2002 10% 10
2001 0% 5
Source: MSHA respirable dust, quartz, and noise sampling records, updated weekly.

5A recorded 0.00 reportable injury cases per 100 full-time workers in 2005.

Injury rate, 2005
ⓘ This rate is reportable injury cases per 100 full-time-equivalent workers per year, computed as 200,000 times cases divided by MSHA operator-reported employee-hours. Cases are injuries MSHA graded degree 01 through 07; accident-only events that hurt no one are excluded, and so are contractor injuries, whose hours do not attach to a single mine. Rates begin in 2000, when quarterly employment reporting starts, and are withheld below 20,000 hours in a year.
0.00
total case rate
0.00
days-away rate
0.000
fatality rate
Below average. The US coal mining average was 5.11 and the all-US-mining average was 4.21 cases per 100 workers.
In Kentucky, coal mining averaged 5.46 cases per 100 workers that year.
Under 100,000 employee-hours were reported that year, so a single case moves the rate by two or more. Read the figure as approximate.
Year total case rate days-away fatal
2005 * 0.00 0.00 0.000
2004 * 0.00 0.00 0.000
2003 * 18.05 18.05 0.000
2002 * 0.00 0.00 0.000
2001 * 11.26 11.26 0.000
* Fewer than 100,000 employee-hours that year; the rate is less stable.
Source: injury cases from MSHA accident and injury records; employee-hours from MSHA quarterly employment reports. Rate is cases per 100 full-time-equivalent workers, operator employees only.
Ownership history
  1. Perry County Coal Corp 1997 to 2000
  2. Aero Energy Inc 2000 to 2001
  3. Gentec Processing Inc 2001 to 2002
  4. Parton Bros. Contracting, Inc. 2002 to present
Source: MSHA controller and operator history, updated weekly.
Workforce and production
ⓘ Coal production is reported quarterly and lags the current period; the most recent quarters may be incomplete.
Year Employees Coal produced (tons)
2006 4
2005 19 97,404
2004 19 110,863
2003 27 143,133
2002 35 124,186
2001 41 215,460
2000 4 2,014
Source: MSHA quarterly employment and production, updated weekly.

5A sits in Perry County, Kentucky, where the Census mining category is 3.3% of county employment.

Local economic context
ⓘ County figures come from the US Census Bureau's American Community Survey, 5-year pooled estimates, so the 2023 vintage covers 2019 through 2023. The Census category is 'mining, quarrying, and oil and gas extraction', which is broader than MSHA jurisdiction and includes oil and gas workers no mine employs. These figures describe the surrounding county, not this mine, and are not a factor in any specific incident.
Perry County, Kentucky · Population 27,847
3.3%
Mining share of county employment
$45,261
Median household income
Source: US Census Bureau, American Community Survey 2023 5-year estimates.
Quarterly safety rates
ⓘ Citations per million reported employee-hours. Rates begin in 2000, when MSHA's quarterly employment data starts; earlier incidents are counted but cannot be rate-adjusted. Quarters under 100,000 reported hours are greyed: too few hours for a stable rate.
Citations per million employee-hours, as reported to MSHA
Quarter Hours worked Citations S&S Per 1M hrs
2006 Q2 0 0 0
2006 Q1 2,794 0 0 0.0
2005 Q4 7,863 23 9 2925.1
2005 Q3 8,772 18 7 2052.0
2005 Q2 9,653 15 1 1553.9
2005 Q1 10,310 11 1 1066.9
2004 Q4 8,956 6 0 669.9
2004 Q3 8,886 14 7 1575.5
Show 18 earlier quarters
Quarter Hours worked Citations S&S Per 1M hrs
2004 Q2 10,130 20 7 1974.3
2004 Q1 13,287 19 6 1430.0
2003 Q4 9,010 22 3 2441.7
2003 Q3 10,840 16 2 1476.0
2003 Q2 10,412 22 3 2112.9
2003 Q1 14,070 24 5 1705.8
2002 Q4 11,859 13 1 1096.2
2002 Q3 12,138 31 3 2554.0
2002 Q2 6,412 12 3 1871.5
2002 Q1 10,360 31 10 2992.3
2001 Q4 27,241 30 15 1101.3
2001 Q3 9,635 56 28 5812.1
2001 Q2 18,747 47 14 2507.1
2001 Q1 15,437 27 7 1749.0
2000 Q4 1,151 9 2 7819.3
2000 Q3 0 0 0
2000 Q2 0 0 0
2000 Q1 0 0 0
No fatalities recorded at this mine.

Reportable incidents

9 on file

2005 · 1 incident

2003 · 4 incidents

October 2, 2003 KY · Coal shuttle car operator, mantrip operator, ramcar operator, rail runner, buggy operator HANDLING OF MATERIALS
Parton Bros. Contracting, Inc. · Struck by... (Not Elsewhere Classified)

EE WAS TAKING BAND OFF OF ROOFBOLTS. BAND HIT HIS HAND & CUT IT.

2001 · 4 incidents

September 18, 2001 KY · Coal stopping builder, ventilation man, mason man, overcast HANDLING OF MATERIALS
Gentec Processing Inc · Struck by falling object

EMPLOYEE WAS ATTEMPTING TO HELP PUT A BELT TOGETHER AND THE CHAIN BROKE AND HIT HIS LEG.

September 6, 2001 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler HANDTOOLS (NONPOWERED)
Gentec Processing Inc · Over-exertion (Not Elsewhere Classified)

EE WAS SHOVELING THE BELT & HE STATED HE GOT THESHOVEL HUNG UP IN THE BELT & IT TWISTED HIM AROUND.

August 16, 2001 KY · Coal laborer, bull gang, faceman, parts runner, roustabout, roof trimmer/scaler ELECTRICAL
Gentec Processing Inc · Contact with electrical current

EMPLOYEE WAS MOVING CABLE AND PICKED UP A SPLICE AND GOT SHOCKED.

April 18, 2001 KY · Coal roof bolter, rock bolter, pinner, mobile roof support operator (mrs) MACHINERY
Aero Energy Inc · Struck by falling object

WHILE SUPPORTING MINE ROOF BY INSTALLING ROOF BOLTS, A PIECE OF RIB COAL FELL AND STRUCK THE EE IN THE BACK. (CRACKED RIBS).